Please find below the following interesting readings and notices – applicable to the environmental field.

Notices

  1. “National Environmental Management: Biodiversity Act 10 of 2004 – GN 919 in GG 43643 of 24 August 2020 – Appendices I, II and III of the Convention of International Trade in Endangered Species of Wild Fauna and Flora (CITES) amended with effect from 26 November 2019”;
  2. “GN 970 in GG 43696 of 9 September 2020 – Extension of timeframes for Directions Relating to National Environmental Management Permits and Licences (‘Permitting Directions’) published in GN 650 in GG 43412 of 5 June 2020”;
  3. “Disaster Management Act 57 of 2002 – GN 999 in GG 43725 of 18 September 2020 – Regulations issued in terms of s. 27 (2) of the Act published in GN R480 in GG 43258 of 29 April 2020 amended and Determination of Alert Level 2 published in GN 891 in GG 43620 of 17 August 2020 withdrawn with effect from 00h01 on 21 September 2020”;
  4. “National Water Act 36 of 1998 – GN 1008 in GG 43726 of 18 September 2020 – Determination of classes of water resources and resource quality objectives for the Breede-Gouritz Water Management Area”;
  5. “National Water Act 36 of 1998 – GN 1010 in GG 43726 of 18 September 2020 – Extension and alignment of compliance period on the instruction to install water measuring devices for water taken for irrigation purposes in terms of GN 141 in GG 41456 of 23 February 2018 (water users within water management institutions) and GN 34 in GG 42956 of 17 January 2020 (water users who are not members of water management institutions)”;
  6. “National Environmental Management: Biodiversity Act 10 of 2004 – GN 1003 in GG 43726 of 18 September 2020 – Alien and Invasive Species Lists, 2020 published and any Alien and Invasive Species lists published under the Act including GN 864 in GG 40166 of 29 July 2016 repealed and replaced with effect from 30 days from date of publication in the Gazette”;
  7. “National Environmental Management: Air Quality Act 39 of 2004 – GN R994 in GG 43712 of 11 September 2020 – National Greenhouse Gas Emissions Reporting Regulations, 2016 published in Gen Notice 275 in GG 40762 of 3 April 2017 amended”;
  8. “National Water Act 36 of 1998 – GN 1019 in GG 43734 of 25 September 2020 -Reserve determination for the water resources of the Vaal Water Management Area”;and,
  9. “National Environmental Management: Biodiversity Act 10 of 2004 – GN R1020 in GG 43735 of 25 September 2020 – Alien and Invasive Species Regulations, 2020 published and Alien and Invasive Species Regulations, 2014 published in GN R598 in GG 37885 of 1 August 2014 repealed with effect from 30 days from date of publication in the Gazette”

Mpumalanga

  1. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 86 in PG 3185 of 28 August 2020 – Steve Tshwete Local Municipality – Intention to declare a nature reserve – Bezuidenhoutshoek Private Nature”;
  2. “Spatial Planning and Land Use Management Act 16 of 2013 – PN 87 in PG 3185 of 28 of August 2020 – Dr Pixley ka Isaka Seme Local Municipality – 2020 Spatial Development Framework”;
  3. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 92 in PG 3185 of 28 August 2020 – Steve Tshwete Local Municipality – Intention to declare a nature reserve: Bezuidenhoutshoek Private Nature Reserve”;and,
  4. “Constitution of the Republic of South Africa, 1996 and Local Government: Municipal Systems Act 32 of 2000 – LAN 63 in PG 3185 of 28 August 2020 – Bushbuckridge Local Municipality – Waste Management By-laws”

Western Cape

  1. “Western Cape Land Use Planning Act 2 of 2014 – LAN 20412 in PG 8312 of 24 August 2020 – Theewaterskloof Local Municipality – Zoning Scheme Maps”; and,
  2. “Constitution of the Republic of South Africa, 1996 and Western Cape Land Use Planning Act 2 of 2014 – LAN 20413 in PG 8312 of 24 August 2020 – Theewaterskloof Local Municipality – Zoning Scheme By-Law”.

North West

  1. “Spatial Planning and Land Use Management Act 16 of 2013 – Gen Notice 59 in PG 8143 of 1 September 2020 – Moses Kotane Local Municipality – Spatial Development Framework 2020 – 2025”;and,
  2. “Spatial Planning and Land Use Management Act 16 of 2013 – LAN 104 in PG 8143 of 1 September 2020 – Kgetlengrivier Local Municipality – Municipal Planning Tribunal (KMPT) and the appointment of members”.

Free State

  1. “Spatial Planning and Land Use Management Act 16 of 2013 – PN 30 in PG 33 of 4 September 2020 – Mangaung Metropolitan Municipality – Spatial Development Framework (SDF) 2020/2021”

Eastern Cape

  1. “Spatial Planning and Land Use Management Act 16 of 2013 – LAN 175 in PG 4445 of 14 September 2020 – Buffalo City Metropolitan Municipality – Draft Municipal Spatial Development Framework (SDF)”

Gauteng

  1. “Nature Conservation Ordinance 12 of 1983 – Gen Notice 677 in PG 166 of 11 September 2020: Open Season: Ordinary Game”

For comment

  1. “National Environmental Management: Biodiversity Act 10 of 2004 – GN 961 in GG 43686 of 4 September 2020 – Proposed emergency intervention in respect of the shot-hole borer beetle Euwallacea fornicatus (Polyphagous) (Coleoptera: Curculionidae: Scolytinae) – for comment”;
  2. “National Forests Act 84 of 1998 – GN 972 in GG 43699 of 10 September 2020 -Intention to declare the Grey Dell and Fort Grey forest areas as natural forest areas in terms of s. 7(2) of the Act – for comment”;
  3. “Department of Environment, Forestry and Fisheries GN 989 in GG 43706 of 11 September 2020 – Draft 7th National Greenhouse Gas Inventory Report for the Republic of South Africa – for comment”;and,
  4. “National Water Act 36 of 1998 – GN 1008 in GG 43726 of 18 September 2020- Proposed reserve determination for water resources of the Mokolo and Matlabas catchments – for comment”

Mpumalanga

  1. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 88 in PG 3185 of 28 August 20 – Intention to declare an area as part of an existing nature reserve – Sabi Sand Wildtuin – for comment”;
  2. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 89 in PG 3185 of 28 August 2020 – Intention to declare an area as part of an existing nature reserve: Manyeleti Nature Reserve – for comment”;
  3. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 90 in PG 3185 of 28 August 2020 – Dr Pixley ka Seme Local Municipality – Intention to declare a protected environment: Afrikan Farms Protected Environment – for comment”;and,
  4. “National Environmental Management: Protected Areas Act 57 of 2003 – PN 91 in PG 3185 of 28 August 2020 – Intention to declare an area as part of an existing nature reserve: Blyderivierspoort Nature Reserve – for comment”.

Western Cape

  1. “Draft Western Cape Land Use Planning Amendment Bill, 2020 – PN 91 in PG 8321 of 10 September 2020 – Bill and memorandum on the objects of the bill -for comment”

Eastern Cape

  1. “Spatial Planning and Land Use Management Act 16 of 2013 – LAN 174 in PG 4445 of 14 September 2020 – Buffalo City Metropolitan Municipality – Draft Local Spatial Development Framework for Settlersway (LSDF) – for comment”

Northern Cape

  1. “Local Government: Municipal Systems Act 32 of 2000 and Spatial Planning and Land Use Management Act 16 of 2013 – Gen Notice 94 in PG 2368 of 21 September 2020 – Sol Plaatje Local Municipality – Draft Spatial Development Framework (SDF) – for comment”

Interesting cases

  • Samancor Chrome Ltd v VDH Holdings (Pty) Ltd and Others (344/19) [2020] ZASCA 96 (27 August 2020)

“Summary: Section 22(4)(b) of the Mineral and Petroleum Resources Development Act 28 of 2002 – whether the appellant satisfied the requirement to notify and consult with interested and affected persons – High Court’s order reviewing and setting aside the decision of the Minister of Mining Resources to grant a mining right to the appellant set aside – appeal upheld – applications to lead further evidence and to intervene dismissed.”

  • Baleni and Others v Regional Manager Eastern Cape Department of Mineral Resources and Others (96628/2015) [2020] ZAGPPHC 485 (11 September2020)

Interesting reads

Biodiversity

  • The Independent: Boyle L “Global fires are up 13% from 2019’s record-breaking numbers” 27 August 2020
  • The Conversation: Estaban I and de la Peña Alonso P “Grass on ash: uncovering 200,000 year old beds from South Africa” 3 September 2020
  • Mail & Guardian: Davis R “#BringBackKataza: How the Cape went ape over asingle baboon” 10 September 2020
  • allAfrica: “South Africa: An Interview with the Directors of Gutted – a Documentary
  • on the Harmful Impacts of Industrial Fishing on Cape Town’s Communities” 11
  • September 2020
  • Trio nabbed with endangered pangolin in North West” IOL 12 September 2020
  • The Guardian: Greenfield P “World fails to meet a single target to stop destructionof nature – UN report” 15 September 2020
  • Pijooa I “Crayfish worth over R6m seized on N2 in Western Cape” TimesLive 20September 2020
  • Slater D “Sappi signs up to Business for Nature’s Call to Action on environment”Engineering News 17 September 2020

Environmental enforcement

  • Webber Wentzel: Rapson Garyn and Kilner Kirsty “EAP Registration Deadline Extended to 8 February 2022” 28 August 2020

Environment, Forestry and Fisheries on scrapping of environmental authorisations in South Africa Press release: 26 Aug 2020 Environmental authorisations will not be scrapped by South Africa Following the receipt of numerous media requests, the Department of Environment, Forestry and Fisheries would like to clarify that any renewable energy developments within identified zones in South Africa will still require an environmental authorization. The publication in July 2020 of Government Notices calling for comment related to the procedures when applying for an environmental authorisation for the development of renewable energy in South Africa does not exempt any industry from the environmental authorization process. On the 31 July 2020 the Department published a series of Government Notices that dealt with a number of different aspects.

  • Yeld J “Environmental group slams “flawed” approval for Masiphumelele upgrade” GroundUp 31 August 2020
  • McDermott M “More than 20 states sue Trump administration over changes to environmental law” The Jurist 31 August 2020
  • Webber Wentzel: Novotny P-A and Selaelo L “New Covid-19 directions call for the resumption of activities and processes in respect of environmental permits and licences” 15 September 2020
  • Kretzmann S “Municipal tribunal gives go-ahead to mega-development at Two Rivers Urban Park” GroundUp 22 September 2020
  • Erasmus D “DSW tender fraud accused returns to work in new position” The Mercury 25 September 2020

Climate and Energy

  • Engineering News: Liedtke S “Coal to remain relevant despite growing shift to renewable energy, says consultancy” 28 August 2020
  • Lexology: “The Western Climate Initiative and the Trump Administration” [Canada] 25 August 2020
  • “EU Commission likely to push for most ambitious 2030 emissions reduction goal –media” Carbon Pulse 27 August 2020
  • BusinessLive: Editorial: Leaving renewable energy in the dark will stunt growth” 4 September 2020
  • Broughton T “Court orders Eskom to restore full supply immediately” GroundUp 2 September 2020
  • Engineering News: “South Africa’s green hydrogen production potential” 10 September 2020
  • Spotlight: Xolo N “COVID-19: We can’t breathe – residents in South Durban say whilst caught between COVID-19 and polluted air” 2 September 2020
  • Yeld J “Creecy upholds appeal against giant West Coast wind farm” GroundUp 8 September 2020
  • Arnoldi M “Cabinet approves establishment of Presidential Climate Change Coordinating Commission” Engineering News 10 September 2020
  • Webber Wentzel: Niven G and Novotny P-A “Important Revisions to the Greenhouse Gas Emission Reporting Framework” 15 September 2020
  • Bizcommunity: “New study: Solar power tower has less impact on bird populations than expected” 16 September 2020
  • Lo J “South Africa aims to reach net zero emissions in 2050 – while still burningcoal” Climate Home News 16 September 2020
  • MacKenzie “BP to become integrated energy company as it moves away from oil and gas” BusinessLive 20 September 2020
  • Harvey F “Melting Antarctic ice will raise sea level by 2.5 metres – even if Paris climate goals are met, study finds” The Guardian 23 September 2020

Water, waste, oceans and chemicals

  • Daily Maverick: October A “OR Tambo District water management crisis: The making of a public-health time bomb” 2 September 2020
  • Bizcommunity: Borrelle SB “Recycling isn’t enough – the world’s plastic pollutioncrisis is only getting worse” 18 September 2020
  • The Conversation: Scholes M and Scholes RB “A keen eye on facts saved thisbiodiverse wetland for now: threats to be aware of” 16 September 2020
  • Arnoldi M “Creecy shares strides govt has made in circular economy efforts”Engineering News 17 September 2020
  • Watch | Theewaterskloof Dam near full – Western Cape’s water and sanitation dept” News24 26 September 2020

Mining

  • Gernetzky K “Mine Restoration Investments lays charges against former directors” BusinessLive 5 September 2020
  • Bizcommunity: “Court ruling: All interested parties have access to mining rights application information” 18 September 2020 – also read Mining Weekly
  • GAIA Foundation: “Opposition to coal mining in Limpopo, South Africa is mounting…”

Webinars

  • IAIAsa Western Cape – Upcoming Event: Upholding the principles of Public Participation in the midst of the COVID-19 Pandemic Date: TBC

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